Product Liability

  • November 14, 2024

    Family Sues Suncor, Honeywell Over Worker's Death

    The family of a refinery worker allegedly killed by exposure to toxic chemicals at a Suncor Energy oil refinery near Denver filed a lawsuit Wednesday in Colorado state court against Suncor, Honeywell and the contractor that employed him, claiming liability for the man's death.

  • November 14, 2024

    Maryland Seeks To Undo Litigation Pause In Purdue Appeal

    The state of Maryland argued in New York federal court Thursday that it should be allowed to pursue claims against the Sackler family members who own bankrupt OxyContin maker Purdue Pharma LP, and that a temporary injunction currently blocking a flood of litigation should be thrown out.

  • November 14, 2024

    Takeda Rips Cert. Order's 'Whale Of Assumption' At 9th Circ.

    Takeda Pharmaceutical urged the Ninth Circuit on Thursday to reverse a ruling certifying a class of third-party payors who allege Takeda and Eli Lilly & Co. hid their anti-diabetes drug's bladder-cancer risks, arguing the lower court erroneously made a "whale of an assumption" that 56.7% of prescriptions wouldn't have been written with disclosures.

  • November 14, 2024

    Wash. Justices Grill Lowe's Attorney In Fallen Fencing Case

    Washington State Supreme Court justices pushed back Thursday against a stance taken by Lowe's that a shopper injured by a fallen roll of wire fencing had presented inadequate evidence showing the accident could've been anticipated, with one justice remarking that the big box store seemed to "gloss over" key details in the case.

  • November 14, 2024

    EPA Expands List of Solvent Risks, Targets Tire Chem Rules

    The U.S. Environmental Protection Agency on Thursday said a chemical commonly used in solvents presents health risks to humans in more ways than had previously been stated, and said it's researching whether to regulate a chemical used in tire production that has been shown to kill salmon.

  • November 14, 2024

    Dick's Settles New Jersey AG's Suit Over Ammunition Sales

    New Jersey and Dick's Sporting Goods Inc. have reached a deal to resolve allegations that the retail chain violated the Garden State's consumer protection laws by selling and shipping large capacity ammunition magazines into the state, New Jersey Attorney General Matthew J. Platkin announced Thursday.

  • November 14, 2024

    NHTSA Fines Ford $165M, Second-Largest Civil Penalty

    The National Highway Traffic Safety Administration on Thursday said it has issued Ford Motor Co. a fine of up to $165 million — the second-largest civil penalty in the agency's history — over the carmaker's failure to recall vehicles promptly.

  • November 14, 2024

    9th Circ. Won't Upend Certification In Nissan Sunroof Suit

    The Ninth Circuit on Thursday refused to undo class certification in a suit alleging Nissan North America Inc. sold vehicles with defective sunroofs prone to shattering, saying the trial court correctly found that there were common questions of law and fact among vehicle owners in the case.

  • November 14, 2024

    Trump Picks RFK Jr. To Lead Health & Human Services

    President-elect Donald Trump announced Thursday that Robert F. Kennedy Jr., a prominent anti-vaccination activist and former presidential candidate, is his nominee to lead the U.S. Department of Health and Human Services.

  • November 14, 2024

    Attys Want To Drop Baby's Dad As Client In Conn. Death Suit

    The father of the victim at the center of a product liability lawsuit against Target Corp. and a baby lounger manufacturer has stopped communicating with counsel and apparently wants nothing more to do with the case, his attorneys told a Connecticut federal judge in seeking to drop him as a client.

  • November 13, 2024

    Wash. Attys Expect Gov. And AG Will Keep Them Busy

    Despite President-elect Donald Trump's anticipated de-emphasis of regulatory enforcement, Washington state antitrust and consumer protection attorneys are still expecting plenty of work in the coming years, as the new Democratic governor-attorney general duo are expected to step up local enforcement.

  • November 13, 2024

    Honey Pot Greenwashes 'Plant-Derived' Products, Suit Says

    The Honey Pot Co. faces a proposed false advertising class action filed Tuesday in California federal court by customers who allege its line of organic feminine care products, which includes foam washes, wipes, pads and liners, contain synthetic ingredients, despite being labeled as "plant-derived."

  • November 13, 2024

    Ozempic MDL Plaintiffs Say Eli Lilly, Novo Nordisk Hid Risks

    Patients accusing Novo Nordisk and Eli Lilly & Co. of failing to warn them about the risks associated with Ozempic and other such medications on Wednesday filed a massive master complaint in the sprawling multidistrict litigation centralized in the Eastern District of Pennsylvania.

  • November 13, 2024

    Conn. PFAS Judge Vexed By 'Messy' Pollution Source Query

    A Connecticut federal judge weighing the state's motion to remand a pollution lawsuit against 3M and other companies warned Wednesday that the government was advancing "messy" arguments about the sources of contamination, although he did find the case "interesting."

  • November 13, 2024

    A 3M PFAS Win Could Be Hollow, Mich. Justice Suggests

    Michigan Supreme Court justices asked Wednesday what it would mean to invalidate the state's regulations on so-called forever chemicals in drinking water, with one justice commenting that winning the case might be of little consequence for 3M, the company that brought the challenge, while undoing protections for the water supply.

  • November 13, 2024

    Store Chain Must Face Customer's Cookie Label Injury Suit

    A Japanese convenience store chain can't escape a proposed class action by a shopper who claims she suffered a violent allergic reaction due to its mislabeled cookies made with nuts, a federal judge has ruled, allowing the woman's claims that its other products may be similarly mislabeled.

  • November 13, 2024

    3 Men Sentenced For Fake 'Alaska Stone Arts' Scheme

    Three men have been sentenced for scheming to sell hundreds of phony products by passing them off to unsuspecting customers as authentic artwork made by Alaska Natives, the U.S. government said.

  • November 13, 2024

    TikTok Asks To Keep NC AG's Addiction Complaint Redacted

    TikTok Inc. is asking a North Carolina state court to keep redacted portions of a complaint by the state alleging that it targets youth to make them compulsive and addicted users, saying parts of the complaint include information from confidential documents and trade secrets.

  • November 13, 2024

    Baltimore Wins $266M In McKesson, Cencora Opioid Case

    Baltimore has been awarded more than $266 million in damages from drug distributors McKesson and Cencora, which a jury found responsible for fueling the opioid epidemic in the city, the mayor's office announced Tuesday.

  • November 13, 2024

    Italian Plane Maker Can't Dodge Fla. Wrongful Death Suit

    A Florida appeals court on Wednesday said an Italian aircraft manufacturer cannot escape a wrongful death suit over a plane crash in the Florida Keys, finding that the company had sufficient minimum contacts in the state to haul it into court there.

  • November 13, 2024

    Short-Term Rental Owners 'Unreasonable,' Dallas Tells Court

    A Dallas short-term rental advocacy organization loves to focus on property rights, but it never considered the rights of neighbors who want safe neighborhoods and don't want to live next to an active business, a city attorney told a Fifth Court of Appeals panel during oral arguments Wednesday.

  • November 13, 2024

    Purdue, Sacklers Agree To Terms As New Ch. 11 Deal Nears

    Purdue Pharma LP has agreed to some terms for a new settlement with certain members of the Sackler family, including key provisions governing the scope of liability releases and how much money the family will contribute to pay victims of the opioid crisis who are claimants in the OxyContin maker's bankruptcy case, according to an update provided by co-mediators.

  • November 13, 2024

    DOJ Says Disarming Pot Patients Has Historic Precedent

    The U.S. Department of Justice is again urging a Pennsylvania federal court to throw out a suit challenging a Bureau of Alcohol, Tobacco, Firearms and Explosives policy prohibiting medical cannabis users from buying or owning firearms, saying the policy is analogous to laws disarming people who are intoxicated or deemed dangerous for use of illegal drugs.

  • November 13, 2024

    Trump's Choice Of Matt Gaetz For AG Hints At Cannabis Policy

    President-elect Donald Trump's announcement Wednesday that he would nominate Rep. Matt Gaetz, R-Fla., one of the relatively few Republican proponents of cannabis legalization, to be the next U.S. attorney general marks an early sign of how his administration will consider marijuana policy.

  • November 13, 2024

    Insurers Say Hyundai, Kia Should Pay For Combusting Cars

    A slew of insurers for owners of certain Hyundai and Kia vehicles are suing the companies in a case removed to California federal court Wednesday, seeking to recoup costs associated with almost a decade of claims for cars that allegedly spontaneously combust and have not been fixed by the manufacturers.

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • Best Practices For Chemical Transparency In Supply Chains

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    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Justices' Bump Stock Ruling Skirted Deference, Lenity Issues

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    Despite presenting a seemingly classic case on agency deference, the U.S. Supreme Court’s ruling last week in Garland v. Cargill did not mention the Chevron doctrine, and the opinion also overlooked whether agency interpretations of federal gun laws should ever receive deference given that they carry criminal penalties, say Tess Saperstein and John Elwood at Arnold & Porter.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • A Plaintiffs-Side Approach To Cochlear Implant Cases

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    As the number of cochlear implants in the U.S. continues to grow, some will inevitably fail — especially considering that many recalled implants remain in use — plaintiffs attorneys should proactively prepare for litigation over defective implants, says David Shoop at Shoop.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • How Cannabis Rescheduling May Alter Paraphernalia Imports

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    The Biden administration's recent proposal to loosen federal restrictions on marijuana use raises questions about how U.S. Customs and Border Protection enforcement policies may shift when it comes to enforcing a separate federal ban on marijuana accessory imports, says R. Kevin Williams at Clark Hill.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

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